Rosalie Donlon is the editor in chief of ALM's insurance and tax publications, including NU Property & Casualty magazine and NU PropertyCasualty360.com. You can contact her at [email protected].
Insurers are concerned the Restatement doesn't reflect existing insurance law, with many prejudicial provisions that are inconsistent with established case law.
When an insurance company violates its duty of good faith and fair dealing, a policyholder should have a remedy for the insurance company's breach of duty.